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New Article – The Foreign Corrupt Practices Act Jurisprudence Of Shira Scheindlin

Shira A. Scheindlin - Judge, Southern District of New York

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The Foreign Corrupt Practices Act is a top priority federal statute of significant importance to all businesses and individuals engaged in international commerce. Yet, despite its significance, few FCPA enforcement actions are subjected to judicial scrutiny and most federal court judges go their entire career without an FCPA case being placed on their docket.

However, Shira Scheindlin (who recently retired from being a judge on the U.S. District Court for the Southern District of New York) was an exception and during her time on the bench she refereed more disputed FCPA issues than any other federal judge in the FCPA’s 40+ year history.

My article “The Foreign Corrupt Practice Act Jurisprudence of Shira Scheindlin” recently published in the Syracuse Law Review (click here to download) analyzes the legal decisions of the FCPA’s most prominent jurist.

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Judge Denies Hoskins’ Motion To Dismiss Based On Violations Of Speedy Trial Act Rights And Fifth And Sixth Amendment Rights

Denied

Previous posts here and here highlighted the motion to dismiss filed by Lawrence Hoskins (a U.K. national criminally charged with FCPA offenses in 2013) based on violations of his Speedy Trial Act rights and his Fifth and Sixth Amendment rights.

Earlier this week, Judge Janet Bond Arterton (D. Conn.) denied the motion to dismiss paving the way for Hoskins’ trial to begin on October 16th.

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Second Circuit Affirms Seng’s Conviction

Seng2

Previous posts here, here and here highlighted Ng Lap Seng’s Second Circuit appeal after a federal jury convicted him in July 2017 of two counts of violating the FCPA, one count of paying bribes and gratuities, one count of money laundering and two counts of conspiracy “for his role in a scheme to bribe United Nations ambassadors to obtain support to build a conference center in Macau that would host, among other events, the annual United Nations Global South-South Development Expo.”

Recently, in this decision the Second Circuit affirmed Seng’s conviction. As stated in the opinion, the issues on appeal were: (i) whether the United Nations is an “organization” within the meaning of 18 U.S.C. 666; (ii) whether the jury was correctly instructed as to controlling law, particularly as pertains to bribery in light of McDonnell v. United States (see here for the prior post concerning the Supreme Court’s 2016 decision construing 18 USC 201 – the domestic bribery statute – particularly the meaning of “official act”; and (iii) whether the evidence was insufficient to support a guilty plea.

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Judge Denies Firtash Motion To Dismiss And In Doing So Disagrees With Second Circuit’s Hoskins Decision

Judicial Decision

As highlighted in this prior post, in 2014 the DOJ criminally charged various individuals alleging a wide ranging conspiracy to bribe Indian officials to secure mining licenses. Among those charged was Dmitry Firtash, a high-profile Ukrainian businessman.

As highlighted in prior posts here and here, in May 2017 Firtash (and later a co-defendant Andras Knopp) filed motions to dismiss.

Recently, in this opinion U.S. District Court Judge Rebecca Pallmeyer denied the motion to dismiss and as highlighted below, in doing so, disagreed with the Second Circuit’s August 2018 decision in U.S. v. Hoskins (see here and here for prior posts).

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Friday Roundup

Roundup

Affirmed, very distressing, scrutiny updates, and for the reading stack. It’s all here in the Friday roundup.

Affirmed

As highlighted in this previous post, in July 2017 Dmitrij Harder was sentenced to 60 months (5 years) in federal prison and also ordered to forfeit $1.9 million after pleading guilty to two counts of violating the FCPA for “bribing an official at the European Bank for Reconstruction and Development (EBRD).”

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